# COMAR Title 10 — Maryland Department of Health

## Subtitle 17 — Swimming Pools and Spas

### Chapter 01 — Public Swimming Pools and Spas

#### Regulation .21 Barriers.

*COMAR 10.17.01.21*

A. Except as set forth in §§B, C, and D of this regulation, an owner shall ensure that a recreational pool, semipublic pool, or public spa, including the required deck area, is completely surrounded by a barrier that complies with the following requirements:

  (1) The top of the barrier is at least 72 inches above grade measured on the side of the barrier that faces away from the pool or spa;

  (2) The maximum vertical clearance between grade and the bottom of the barrier is 4 inches measured on the side of the barrier that faces away from the pool or spa;

  (3) Except when a door or gate that allows access to the pool or spa area enclosed by the barrier is open, an opening in the barrier including in a door or gate does not allow passage of a sphere 4 inches in diameter;

  (4) Fence pickets have a maximum separation of 4 inches;

  (5) The barrier discourages climbing by preventing access to nearby structures to simplify climbing over it, such as light poles, site furnishings, overhanging tree limbs, or other obvious footholds or handholds;

  (6) A barrier with horizontal members less than 45 inches apart measured top to top does not have:

    (a) Vertical openings greater than 1-3/4 inches in width; or

    (b) Horizontal members on the outside of the barrier;

  (7) The barrier does not have decorative cutouts greater than 1-3/4 inches in width;

  (8) A chain link fence has a maximum mesh size of 2-1/4 inches;

  (9) A lattice fence has a maximum mesh size of 1-3/4 inches;

  (10) Except as provided in §A(11) and (12) of this regulation, a door or gate that allows access to the pool or spa area enclosed by the barrier shall:

    (a) Have the release to open the door or gate located:

      (i) At least 54 inches from the floor level; or

      (ii) Between 34 and 48 inches from the floor level when an electronic or combination mechanical release device is used to release the door or gate;

    (b) Be locked to prevent unauthorized entry to the pool or spa area;

    (c) Open away from the pool or spa area;

    (d) Have an opening that provides a minimum width of 32 inches between the gate or door stop and the face of the gate or door with the gate or door open 90 degrees; and

    (e) Comply with Regulation .37 of this chapter;

  (11) A door or gate that allows access to the pool or spa area enclosed by the barrier and is designated as fire egress from a building:

    (a) May not be included in any facility approved for construction after May 27, 2022; and

    (b) Is exempt from §A(10)(c) of this regulation;

  (12) A door or gate used exclusively for maintenance or service access is exempt from §A(10)(a) and (c)—(e) of this regulation; and

  (13) A window that is a part of the barrier may not be able to be opened more than 4 inches.

B. An owner shall ensure that a barrier at a semipublic pool or semipublic spa:

  (1) Has a minimum height of 60 inches; and

  (2) Has a gate that is self-closing and self-latching.

C. Except as provided in §D of this regulation, an owner may surround a pool and spa, multiple pools, or multiple spas at one facility with one barrier instead of separate barriers for each pool or spa.

D. An owner shall ensure that a wading pool or infant pool is separated from a pool or spa by a barrier that has:

  (1) A minimum height of 36 inches;

  (2) A maximum 4-inch separation between the deck and the bottom of the barrier;

  (3) No opening that allows the passage of a sphere 4 inches in diameter; and

  (4) An entrance gate with a latch.

E. An owner of a pool or spa with a barrier that includes a door or gate designated as a fire egress from a building shall ensure that whenever a lifeguard is not on duty, the pool or spa is secured:

  (1) With a cover that has a visible label indicating that it meets ASTM F1346 — 91; or

  (2) By following procedures per a variance under Regulation .53 of this chapter.